The Western Connecticut Council of Governments (WestCOG) has released a new report, Zoning Nonconformities: Where Rules and Reality Diverge, providing a comprehensive review of how municipalities across Connecticut regulate nonconforming lots, buildings, and land uses. These are properties that were legally established under prior regulations but no longer meet current zoning standards.

The study compiles data from all 167 municipalities with zoning and reviews how local regulations treat changes, expansions, or replacements of nonconforming uses and structures. It is designed to assist planning and zoning commissions, zoning boards of appeals, and municipal staff in understanding how state statutes and court decisions adopted over the past several decades affect local zoning practices.

“Connecticut’s communities were built long before zoning existed, and many of the homes and businesses we live in and work in predate modern regulations,” said WestCOG Executive Director Francis Pickering. “This report is intended as a practical resource to help municipalities ensure their regulations reflect both state law and the needs of established neighborhoods.”

Key Insights

• Historical Context: Roughly one-fifth of Connecticut’s housing stock was built before 1940, illustrating how common nonconforming properties are across the state.
• Regulatory Diversity: WestCOG identified hundreds of different approaches to handling nonconformities, ranging from flexible setback standards to procedures for rebuilding after fire or storm damage.
• Statutory Alignment: Over time, state law has evolved to strengthen property owners’ rights regarding maintenance, reuse, and reconstruction of existing buildings. The report outlines where municipal regulations could be updated to reflect those statutory changes.
• Practical Tools: The report recommends model regulations, training materials, and fact sheets to help local officials modernize their codes in accordance with Connecticut General Statutes §8-2 and related case law.

A Resource for Local Officials

WestCOG prepared this report as a technical and educational resource to support municipalities in maintaining zoning codes that are consistent with state law while preserving the character of established neighborhoods and enabling continued reinvestment in Connecticut’s built environment.